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Jo C., Barrister

Category: Traffic Law

Satisfied Customers: 69369

Experience: Over 5 years in practice.

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I am waiting to pull out on to a main road and turn right the

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i am waiting to pull out on to a main road and turn right the traffic from my right had stopped to let me pull out and also the traffic from my left had stopped to let pull out on to the main road on doing so a car from the left used the parking bays to under take the cars that had stopped to let pull out which i hit as i was not expecting a vehicle to use the marked parking bays as part of the carriageway who is at fault please

Hi there he was under taking the vehicle that had let me out. I had stopped at the junction of Hanway road to turn right on to Kingston road south bound in Portsmouth . You can google the road lay out and then you get a better idea regards Bob

It is his right of way ultimately but if he was undertaking some other vehicles then that is going to lead to a substantial reduction for contributory negligence if it doesn't lead to 100%.Undertaking is an unlawful manoeuvre and that is something that will be held against him.There isn't really a simple answer. As is always the case with legal advices, it is a question of fact and degree. On the face of it this is his right of way but the fact of undertaking will reduce any order for contributory negligence.Can I clarify anything for you?Jo

my insurance company have said i am at fault and they have closed the case. Can I appeal against there decision and have it investigated as i had a witness which my insurance company did not even bother contacting regards Bob

Sorry for the delay. I lost my connection. That is ultimately a decision for the insurance company. They are not necessarily conceding your fault but just taking the view that it is not cost effective to contest. You can complain but ultimately it is a decision for the insurance company as they are liable on your behalf.

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